HOUSE DOCKET, NO. 3822        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2333

The Commonwealth of Massachusetts

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PRESENTED BY:

Carlos González and Judith A. Garcia

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to establish the Massachusetts incarcerated individual bone marrow and organ donation program.

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PETITION OF:

HOUSE DOCKET, NO. 3822        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2333

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to establish the Massachusetts incarcerated individual bone marrow and organ donation program.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 127 of the General Laws is hereby amended by adding the following text after the word “petition”:-

Section 170. (a) The Commissioner of the Department of Corrections shall establish a Bone Marrow and Organ Donation Program within the Department of Correction and a Bone Marrow and Organ Donation Committee. The Bone Marrow and Organ Donation Program shall allow eligible incarcerated individuals to gain not less than 60 and not more than 365 day reduction in the length of their committed sentence in Department of Corrections facilities, or House of Correction facilities if they are serving a Department of Correction sentence in a House of Corrections facility, on the condition that the incarcerated individual has donated bone marrow or organ(s). 

(b) The Bone Marrow and Organ Donation Committee shall consist of five members: The Commissioner of the Department of Correction or their designee who will act as chair of the committee; the Medical Director of the Department of Corrections or their designee; a Bone Marrow and Organ Donation Specialist from a hospital within the Commonwealth or their designee; a representative of an organization advocating for bone marrow donations within the Commonwealth or their designee; and two appointments shall be made by the Governor to serve three-year terms and one of whom shall be a board member of an advocacy group advocating for the rights of incarcerated individuals, and one of whom shall be from the Massachusetts District Attorney’s Association. The Bone Marrow and Organ Donation Committee shall be responsible for the effective implementation and ongoing administration of the incarcerated individual Bone Marrow and Organ Donation program. The Bone Marrow and Organ Donation Committee shall also be responsible for promulgating standards of eligibility for incarcerated individuals to participate and the amount of bone marrow and organ(s) donated to earn one’s sentence to be commuted. Annual reports including actual amounts of bone marrow and organ(s) donated, and the estimated life-savings associated with said donations, are to be filed with the Executive and Legislative branches of the Commonwealth. All costs associated with the Bone Marrow and Organ Donation Program will be done by the benefiting institutions of the program and their affiliates-not by the Department of Correction. There shall be no commissions or monetary payments to be made to the Department of Correction for bone marrow donated by incarcerated individuals.